Wednesday, December 18, 2013

Southwest Engineering Co. v. Martin Tractor Co., Inc. case brief

Southwest Engineering Co. v. Martin Tractor Co., Inc. case brief summary
473 P.2d 18 (1970)


CASE SYNOPSIS
Appeal from Shawnee District Court, Division No. 1 (Kansas), which found for plaintiff in plaintiff's breach of contract action, finding an enforceable contract was entered into when defendant and plaintiff wrote down terms for purchase of generators.

CASE FACTS
Defendant appealed trial court's decision for plaintiff in plaintiff's breach of contract action. Plaintiff sought to purchase generator equipment from defendant. Representatives from each party met to discuss terms. At the meeting, defendant's representative wrote on a piece of paper the prices for the generators, his name, and the quantity of generators. Later, defendant refused to sell the generators.

DISCUSSION

  • The Court affirmed. 
  • Requirements of Kan. Stat. Ann. § 84-2-201(1) were met in defendant's piece of paper, thus evidencing an enforceable contract. 
  • The fact that payment was not agreed upon was not fatal to the agreement. 
  • Kan. Stat. Ann. § 84-2-310 stated that unless otherwise agreed, payment was due at delivery.

CONCLUSION
The court affirmed the trial court's decision.


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